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October 2011 Archives

Don't Sign Blindly

Tampa HCP, LLC, et al. v. Bachor, Florida Second District Court of Appeal - How often do you read the medical authorizations, consent forms and other documents you sign before receiving medical treatment? The contents of those documents may determine how you can recover from a healthcare provider in the event of medical malpractice, and maybe even limit the amount of compensation you can receive. Before receiving healthcare treatment, read all forms carefully and make sure you understand what you are signing. If you were injured as a result of medical malpractice, your attorney will need to review all consent forms and other documents you signed to best advise you on how to proceed. 

Your Right to Receive Medical Records

Houston v. GEO, et al., Florida Fourth District Court of Appeal - Just this week, the Fourth DCA agreed with a prison inmate who argued that his pro se medical malpractice complaint was wrongly dismissed without an evidentiary hearing for the inmate's failure to provide a corroborating expert opinion, even though the inmate alleged that he was denied timely copies of his medical records. In Florida, medical malpractice cases generally are required to follow a strict pre-suit procedure. Part of that procedure includes obtaining copies of all relevant medical records and having those records reviewed by an expert. If you do not timely receive copies of medical records which are necessary to a proper investigation of your case, that can substantially effect how your case proceeds. An experienced medical malpractice attorney can evaluate the facts of your case and help you determine whether or not you should proceed with litigation. 

What type of expert do I need for my medical malpractice case?

Bery v. Fahel, Florida Third District Court of Appeal - Once again, Florida's appellate courts have highlighted the importance of closely following the medical malpractice pre-suit investigation procedures. Every medical negligence case must be thoroughly investigated, and include an evaluation by an expert in the same field of medicine as the alleged malpractice. Since medical malpractice can result in serious injuries, or even death, it is imperative that your case be adequately investigated by attorneys familiar with the pre-suit procedure and the requirements of Florida law.

Is it malpractice or simple negligence? The answer matters.

Joseph v. University Behavioral LLC, Florida Fifth District Court of Appeal - Our own Fifth District Court of Appeal recently held that "the fact that a wrongful act occurs in a medical setting does not necessarily mean that it involves medical malpractice." In the Joseph case, the Fifth DCA discussed the difference between medical malpractice cases, and simple negligence cases which occur in a medical or healthcare setting. If you are injured in a healthcare facility, in which legal category does your case fall? The answer depends on the circumstances of the incident and nature of your injury. It is important to determine which category your case falls into, because each category has different time limitations, and different requirements which must be met before filing suit. 

Is your injury covered by insurance?

American Safety Casualty Insurance Company v. Mijares Holding Company, LLC, Florida Third District Court of Appeal - Where an accident occurs can be an important fact in analyzing how you can be compensated for your injuries. Most often, insurance policies provide you with money you are entitled to after an accident. However, not every policy has the same coverage, or the same amounts of coverage. More importantly, you must determine if the at-fault party's policy excludes the type of injury you sustained. So, it is important to make sure you understand your insurance policies and have the coverage you need to protect yourself in the event of an accident or serious injury. An attorney experienced in personal injury claims can investigate how best to help you recover against your own insurance policy or someone else's. 

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